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HomeMy WebLinkAbout131-23 RESOLUTIONY AT . 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 131-23 File Number: 2023-744 GAPVAX INC. (PURCHASE CONTRACT): A RESOLUTION TO APPROVE THE PURCHASE OF A GAPVAX EXCAVATOR FROM GAPVAX, INC. IN THE AMOUNT OF $665,575.70, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a 2024 GapVax HV56 Wet/Dry Hydro Excavator from GapVax, Inc. in the amount of $665,575.70, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on June 6, 2023 Page 1 Attest: AN GLERK j:'fi�A'' �.V.. clry� ;may -� ; . ,. Kara Paxton, City Cle Treasurer ��i tii►i0� CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2023 TO: Mayor Jordan and City Council THRU: Ross Jackson, Jr., Fleet Operations Superintendent FROM: Terry Gulley, Asst Public Works Director - Ops DATE: SUBJECT: GAPVAX HYDRO EXCAVATOR RECOMMENDATION: CITY COUNCIL MEMO 2023-744 COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO EXCAVATOR WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575.70 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM GAPVAX INC. OF JOHNSTOWN PA AND APPROVE A BUDGET ADJUSTMENT. BACKGROUND: This Hydro Excavator will be an expansion unit to the Water and Sewer Division. DISCUSSION: A large number of water leak repairs made by Water/Sewer are service lines that are located in customer's yards or crowded general utility easements, utilizing the hydro excavator is the safest, most efficient, and least invasive method to perform these repairs. The Water and Sewer Division repairs over 1,300 water leaks annually. Hydro excavation also eliminates the need to wait for utility locates before making a repair whereas traditional excavation requires locate requests through 811 — Call Before You Dig. A hydro excavator would allow Water/Sewer to improve efficiency when making water leak repairs. It is a safer method of excavation when working near electric and gas lines, and it would allow the sewer vac trucks to be utilized more for its original intention in maintaining the sewer system rather than assisting with water leak repairs. This would also decrease wear and tear on the vactor trucks saving money on maintenance costs, decreasing downtime and increasing availability of their use. BUDGET/STAFF IMPACT: A budget adjustment will be submitted with this request. This purchase was approved at the May 9th 2023 Equipment Committee. ATTACHMENTS: 2023-744 SRF GapVax Hydro Excavator W&S, 2023-744 BA GapVax Hydro Excavator W&S, GapVax Sourcewell Quote Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-744 GAPVAX HYDRO EXCAVATOR A RESOLUTION TO APPROVE THE PURCHASE OF A GAPVAX EXCAVATOR FROM GAPVAX, INC. IN THE AMOUNT OF $665,575.70, PLUS ANY APPLICABLE SALES TAXES AND FREIGHT CHARGES, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a 2024 GapVax HV56 Wet/Dry Hydro Excavator from GapVax, Inc. in the amount of $665,575.70, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2023-744 Item ID 6/6/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/10/2023 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO EXCAVATOR WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM GAPVAX INC. OF JOHNSTOWN PA. AND APPROVE A BUDGET ADJUSTMENT. 9700.770.1920-5802.00 Account Number 02077.2023 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: SHOP Fund Fleet - Construction Equipment Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,657,303.00 $ 862,338.68 5 794,964.32 $ 665,575.70 $ 665,576.00 e. 794,964.62 Previous Ordinance or Resolution # Approval Date: V20221130 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number /Org2 FLEET OPERATIONS (770) 2023 Requestor: Ross Jackson BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: COUNCIL APPROVES A RESOLUTION TO PURCHASE ONE (1) 2024 GAPVAX HV56 WET/DRY HYDRO EXCAVATOR WITH A SOURCEWELL COOPERATIVE PURCHASE PRICE OF $665,575 PLUS APPLICABLE TAXES AND FREIGHT CHARGES FROM GAPVAX INC. OF JOHNSTOWN PA AND APPROVE A BUDGET ADJUSTMENT. (WSEW_F103 / #9337) COUNCIL DATE: 6/6/2023 ITEM ID#: 2023-744 Nolly Black 517012023 77:32 RM Budget Division Date TYPE: D - (City Council) JOURNAL#: GLDATE: RESOLUTION/ORDINANCE I CHKD/POSTED: TOTAL Account Number 665,576 665,576 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2023323 Account Name 5400.720.1840-5801.00 (665,576) 13019 1 EX Fixed Assets 5400.720.1840-7602.70 9700.770.1920-6602.40 665,576 - - 665,576 13019 02077 1 2023 EX RE Transfers To Funds - Shop Transfer from Fund - Water & Sewer 9700.770.1920-5802.00 665,576 - 02077 2023 EX Vehicles & Equipment - base I of 1 SOURCEWELL CONTRACT NO. 101221-GPV CiapVax, PREPARED BY GapVax, Inc 575 Central Ave. Johnstown, PA 15902 PREPARED FOR Aaron Watkins City of Fayettevill, Arkansas QUOTE CHA001 STD STD STD STD STD STD STD STD STD STD A2A A24P A3 A6C A350Q A35OR A23 A33A A44 STD STD STD STD STD STD 2023 HV56 WET/DRY HYDRO EXCAVATOR QUOTE ID: 23149 Rev 4 April 20, 2023 NOTE: THE GAPVAX HV UNIT MAY EXCEED FEDERAL BRIDGE ALLOWABLE WEIGHTS WHEN LOADED WITH WATER, OR DEBRIS, AND/OR BOTH WATER AND DEBRIS COMBINED. PLEASE CONSULT FACTORY. CHASSIS OPTIONS 2023 PETERBILT 567 - 500 HP - 315" WHEELBASE 1 CUMMINS X15-500 V RATED FOR 500 HP @ 1900 RPM AND 1850 LB -FT @ 950 RPM ALLISON 4500 RDS-P TRANSMISSION CAB PAINTED FACTORY WHITE STOCK CHASSIS ARE SUBJECT TO PRIOR SALE, LIMITED QUANTITY ARE AVAILABLE DEBRIS BODY OPTIONS 15 USABLE YARD DEBRIS TANK MADE OF 1/4" ASTM A-572 GRADE 50 EXTEN STEEL BOLT -ON CYCLONES AND CYCLONE DUMP CHUTE TOP -LOADING MATERIAL BACKED BODY INLET FULL -OPENING REAR TAILGATE FOUR HYDRAULIC REAR DOOR LOCKS DUAL TAILGATE LIFT CYLINDERS FRONT MOUNTED HOIST CYLINDER, POWER UP AND DOWN STAINLESS STEEL TAILGATE SEALING ROD 1 1 ::::I STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD THREE TIE -OFFS ON TOP OF THE BODY STANDARD SEMI -CIRCULAR BODY BAFFLE WITH SURGE BAR STANDARD DECANT AT BOTTOM OF TAILGATE - 6" BRASS LEVER VALVE 1 DECANT HALF WAY UP TAILGATE - 4" BRASS VALVE LIQUID LEVEL INDICATOR ON TAILGATE PUMP OFF SYSTEM - 4" SLUDGE PUMP WITH SILICONE CARBIDE SEALS REQUIRES J303 UPGRADE FLOAT BALL CAGE TO STAINLESS STEEL 1 1 1 1 UPGRADE TAILGATE LL INDICATOR TO SS 1/2" ROD INSIDE TAILGATE 1 ELECTRIC VIBRATOR ON DEBRIS TANK STANDARD TAILGATE SPLASH SHIELDS - WELDED TO TANK 1 PNEUMATIC TAILGATE PROP (IN ADDITION TO STANDARD TAILGATE PROP ROD) REQUIRED PNEUMATIC ACTUATED BODY PROP WATER TANK OPTIONS 1,200 GALLON WATER TANK MADE OF 1/4" ASTM A-572 GRADE 50 EXTEN STEEL WATER TANK COATING NOT WARRANTIED STANDARD STANDARD STANDARD 3" WATER FILL LINE WITH 3" Y-STRAINER AND ANTI -SIPHON STANDARD WATER LEVEL SIGHT TUBE ON CURBSIDE STANDARD 2" WATER TANK DRAIN STANDARD STD B300 B305 C300 STD STD STD STD STD STD C320 C321 C330A C399 D30 D317HAE D25B-PM D4-HX+RAV D372A D21 D18 D28 D34 D35B E300 E321A E323 E329 E324 E325A G26 G14 G16 G312B 20" MAN WAY ON WATER TANK STANDARD UPGRADE TO BUTTERFLY VALVE IN SUPPLY LINE MOUNTED AT REAR HINGE PIN REQUIRED ADD 3/4" BALL VALVE AND SPOUT TO WATER TANK SIGHT GLASS 1 VACUUM SYSTEM OPTIONS HIBON 8702 VACUUM PUMP 5250 CFM AND 27" HG STANDARD 12" LIQUID SHUTOFF STAINLESS STEEL FLOAT BALL STANDARD SINGLE MODE WET/DRY FILTRATION WITH (6) BOLT -ON EZ-DECON CYCLONES STANDARD BAGHOUSE WITH (40) POLYESTER FILTER BAGS STANDARD AIR -POWERED PULSATORS FOR CLEANING FILTER BAGS STANDARD NOISE AND VIBRATION DAMPENING MOUNTS STANDARD ULTRA QUIET EXHAUST/INTAKE SILENCERS STANDARD VULKAN VIBRATION DAMPENER ON BLOWER HIGHLY RECOMMENDED 1 8" VACUUM RELIEF VALVE HIGHLY RECOMMENDED 1 UPGRADE FILTER BAGS TO 285 DEGREE ACRYLIC BAGS 1 REMOVE STANDARD PULSATOR SYSTEM EXCEPT FOR TUBES ON BAGHOUSE DOORS 1 HX WATER SYSTEM OPTIONS HX PUMP MUST BE STAINLESS BOX 78" WIDE X 28" DEEP X 24" TALL PUMP ENCLOSURE HYDRAULICALLY DRIVEN 1 19 GPM / 2,900 PSI GIANT LP200-SS-GB, HYDRAULICALLY DRIVEN VIA AUTO TRANS PTO REQUIRES J303A, G26, G330B 1 (FIXED SPEED HYDRAULIC CONTROL) INCLUDES PUSH LEVER AIR UPGRADE STD REEL TO HD AIR MOTOR RETRACT HOSE REEL WITH 1/2" X 100' HOSE 1 CONTROL PNEUMATICALLY OPERATED HX WATER PRESSURE RELIEF VALVE IN LIEU OF 3-WAY AND UPGRADE HOSE REEL VALVE TO P/N: VAL022790 REMOTE ACTUATED INTEGRATED REQUIRES D307HA OR D317HA AND 1 G312A OR G312B OPTION D4-HX CONTROL (G2B) HEATED CABINET FOR PUMP AND HOSE - VIA ENGINE COOLANT SYSTEM REQUIRES D30 AND ENGINEERING 1 APPROVAL COLD WEATHER RECIRCULATION VIA AUTO TRANSMISSION REQUIRES D300 OR D315 1 AIR PURGE SYSTEM - PUMP, REGULATOR, HOSE REEL 1 GLYCOL INJECTION SYSTEM 1 BURNER SYSTEM - MOUNTS ONLY REQUIRES VERTICAL SILENCERS 1 1/2" HX LANCE WITH 6' EXTENSION AND RIPSAW NOZZLE 1 BOOM OPTIONS TUBE IN TUBE BOOM - EXTENDABLE - 17' - 25' REACH FROM CENTER OF TRUCK, INCLUDES VERTICAL SILENCERS 1 UPGRADE TO REINFORCED BOOM ELBOW (TUBE -IN -TUBE STYLE ONLY) REQUIRES E300 1 3" CLEANOUT DOOR ON BACK OF BOOM CANNON 1 BOOM HYDRAULIC HOSE SUPPORT ARM 1 BOOM DOCKING PORT 1 BOOM TUBE EXTENSION TO BE DOCKED AT BOTTOM OF FRAME 1 CONTROLS, GAUGES, ACCESSORIES OPTIONS DM430 DISPLAY MOUNTED ON SIDE CONTROL PANEL, SAFETY SYSTEM INCLUDES REQUIRES G330B 1 WATER PUMP ENGAGE SWITCH, WATER LEVEL, LOW WATER SHUT DOWN, WATER PUMP FLOW AND HOURS INCLUDED ENGINE / PUMP OVER SPEED SHUT DOWN, LOW PTO OIL PRESSURE WARNING INCLUDED WATER TEMPERATURE SENSOR WITH SHUT DOWN INCLUDED BODY UP LIGHT & ALARM IN CAB 1 BOOM UP LIGHT & ALARM IN CAB 1 1 AARCOMM WIRELESS REMOTE WITH BOOM, VACUUM AND WATER FUNCTIONS G312B-ATD G340A G330B STD STD STD HOA H1 H5B H6B H301B H302B H8B H18C H22 1300B 17C-DS 1303 114 119 120A STD STD STD STD STD STD J300 J001 J101 J2 J303A J4A J14C J16D STD ADDITIONAL AARCOMM TRIDENT TRANSMITTER (ONLY ONE CAN BE OPERATIONAL ATA TIME) REQUIRES OPTION G310B OR G312B INCLUDED 25' GROUNDING CABLE HIGHLY RECOMMENDED 1 16" X 20" STAINLESS CONTROL BOX WITH WINDOW ON CURBSIDE LIGHTING TRUCK-LITE LED STOP, TURN, AND TAIL LIGHTS 1 STANDARD TRUCK-LITE LED RUNNING (MARKER) LIGHTS STANDARD UPGRADE STOP/TAIL/TURN LIGHTS TO LED STANDARD UPGRADE STOP/TAILITURN LIGHT BOX TO POLISHED STAINLESS STEEL STANDARD ONE LED STROBE BEACON LIGHT - FRONT (SAE CLASS-1 (SAE J595) COMPLIANT) (WHELEN L10 OR EQUAL) 1 (2) BOOM WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) 1 (2) REAR WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) 1 (2) CYCLONE WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) 1 (2) BAGHOUSE WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) (2) PUMP AREA WORK LIGHTS - HELLA LED WORK LIGHTS (PN: LHT022429) REAR WHELEN ION SUPER LED FLASHERS - 6 LIGHT HEADS 3 ON EACH SIDE REAR (1 @ 45 DEGREES) REAR ARROW LIGHT - LOW PROFILE LED ARROW STICK (CLASS-1 (SAE J595)) STORAGE OPTIONS TWO FOLD -DOWN TUBE TRAYS (WHELEN TAM85 OR EQUAL) 1 1 1 1 1 1 INCLUDES SUBFRAME (J302), WASH OUT HOLES, STAINLESS MUD FLAPS AND WHEEL CHOOCKS & HOLDERS ON EACH SIDE INCLUDED 36" TOOL BOX - STAINLESS STEEL, 36" WIDE X 24" HIGH X 24" DEEP, DRIVER'S SIDE 1 ALUMINUM 24" X 24" X 48" TOOLBOX ON BURNER MOUNT REQUIRES D34 1 TRAFFIC CONE HOLDER ON DRIVER'S SIDE INCLUDES CONES 1 25' HOSE RACK 1 REAR DRAIN HOSE RACK FOR 6" LAYFLAT HOSE X 15' LONG OPTIONSCHASSIS INSTALLATION AND INTEGRATION OF BODY ONTO CHASSIS 1 INCLUDED DOT LIGHTING / FENDERS / MUD FLAPS / TAILGATE SAFETY PROP, ICC LIGHTS STANDARD BODY SAFETY PROP STANDARD 60 GALLON HYDRAULIC OIL TANK STANDARD REAR BUMPER TRIANGLE KIT, FIRE EXTINGUISHER, BACKUP ALARM MID -SHIP MOUNTED (SPLIT -SHAFT) TRANSFER CASE WITH TOP DISCONNECT STANDARD STANDARD REQUIRED MUST BE "OMSI" BRAND TRANSFER CASE IN LIEU OF "NAMCO" OR OTHER (CONSULT ENGINEERING) NOT AVAILABLE WITH "SPL" SERIES CHASSIS DRIVELINE 1 UPGRADE TO 8" BODY LIFT CYLINDER UPGRADE, 175" STROKE MODEL HV56-1200 OR 1400 GALLON X-LONG BODY ONLY REQUIRED TRANSFER CASE OIL LEVEL SIGHT GLASS 1 ADD TWO HYDRAULIC OIL COOLERS TO CIRCUIT TOW HOOKS - REAR - HEAVY DUTY - WELDED 20,000 LB LIFT AXLE MOUNTED IN THE PUSHER POSITION 3/4" WELDED PINTLE PLATE WITH DUAL GUSSETS AND REMOVABLE REAR STEP BUMPER PAINT OPTIONS PAINTED WITH PPG FLEET URETHANE PAINT REQUIRES J16 1 1 1 1 STANDARD STD PAINT BODY WHITE STD PAINT FRAME BLACK STD PAINT PARTS AND BOOM BLACK STD FLEET FINISH STD STANDARD - 8" TO 6" RINGLOCK REDUCER STD STANDARD - 6" IN -LINE SAFETY VACUUM BREAK TEE STD STANDARD - GAPVAX SAFETY DECALS M3 FILL HOSE 25' X 2 1/2" M29D FOUR CAMERA - BACK-UP CAMERA SYSTEM WITH 7" COLOR MONITOR (RV-805A), INCLUDES DVR-916 REAR, DVR-921 FRONT, AND TWO (2) DVR-920 SIDE CAMERAS. SIDE M334 HEAVY DUTY ALUMINUM HX TUBE, 8" X 5' X 0.090" WALL WITH PRESSED IN STEEL ENDS STD 8" RING LOCK M36 HEAVY DUTY ALUMINUM HX TUBE, 8" X 6' X 0.090" WALL WITH PRESSED IN STEEL ENDS STD 8" R.L. SOFT TIP AND SOFT TIP END M35 8" RING LOCK TUBE CLAMP, EACH (P/N: CLA000978) STD 8" RING LOCK STD ONE PAPER OPERATOR'S MANUAL STD ONSITE FACTORY TRAINING (1 DAY) MATERIALS SURCHARGE INSTALL CUSTOMER WATER METER (EFFECTIVE MAY 1, 2022) STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD STANDARD 1 1 5 1 6 STANDARD STANDARD 1 GapVax PRICING SUMMARY PRICE OF BASE UNIT WITH OPTIONS: $ 695,945.00 SOURCWELL DISCOUNT: DELIVERY: ($1,000 00 MINIMUW,, SUBTOTAL: SALES TAX: FEDERAL EXCISE TAX (BODY): FEDERAL EXCISE TAX (CHASSIS): ALL PRICES ARE IN US DOLLARS A469.3t @ $4.00 PER MILE $ 4,100.00 665,575.70 TERMS: 15% DOWN PAYMENT. BALANCE DUE UPON COMPLETION IN THE EVENT OF THE PURCHASER'S DEFAULT AND TERMINATION OF THIS SALES PROPOSAL AGREEMENT PRIOR TO START OF PRODUCTION, 25% OF THE DOWN PAYMENT SHALL BE FOREFEITED AND APPLIED TO GAPVAX, INC. AS PART OF ITS DAMAGES. ONCE PRODUCTION HAS COMMENDED ON THIS SALES PROPOSAL AGREEMENT, IN THE EVENT OF THE PURCHAERS CANCELLING THE SALES PROPOSAL AGREEMENT, OR FAILING TO ACCEPT DELIVERY, OR FAILING TO COMPLETE THE SALES PROPOSAL AGREEMENT, THE ENTIRE DEPOSIT SHALL BE FORFEITED TO GAPVAX, INC BUT SUCH FORFEITURE SHALL NOT PREJUDICE ANY OTHER REMEDY WHICH GAPVAX, INC. MAY HAVE FOR BREACH OF ANY OF THE SALES PROPOSAL AGREEMENT. IN THE EVENT OF A COMPLETED UNIT NOT BENG FUNDED IN A PROMPT AND TIMELY MANNER, AN ADDITIONAL FEE WILL OCCUR TO COVER THE ADDITIONAL FLOOR PLAN EXPENSE FEDERAL EXCISE TAX AND DELIVERY ARE LISTED. STATE SALES TAX IS NOT INCLUDED STATE SALES TAX AND VEHICLE REGISTRATION IS THE RESPONSIBILITY OF THE PURCHASER EXLUDES ALL OTHER APPLICABLE TAXES, DUTIES, TARRIFS, BROKERAGE, OR DOCUMENTATION FEES DELIVERY, IF COORDINATED BY GAPVAX, IS $3.00 PER MILE, $1,000 MINIMUM. DELIVERY TERMS TERMS OF DELIVERY SHALL BE F.O.B. SHIPPING POINT, JOHNSTOWN, PENNSYLVANIA, U S.A. THIS PROPOSAL WILL REMAIN IN EFFECT FOR 30 DAYS UNLESS CHANGED IN THE ITERIM UPON WRITTEN NOTICE FROM THE COMPANY BY SIGNING THIS PROPOSAL, PURCHASER THERBY EXPRESSES ACCEPTANCE OF EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN ANY PURCHASE ORDER OR ACKNOWLEDGEMENT OFFERING TERMS INCONSISTENT WITH THE TERMS AND CONDITIONS HEREOF SHALL HAVE NO BINDING EFFECT WHATSOEVER ON GAPVAX INCORPORATED (THE "COMPANY") OR THE TERMS AND CONDITIONS HEREOF. THIS DOCUMENT AND THE OTHER DOCUMENTS SPECIFICALLY REFERED TO AS BEING A PART HEREOF CONSTITUTE THE ENTIRE CONTRACT ON THE SUBJECT MATTER, AND SHALL NOT BE MODIFIED EXCEPT IN WRITING SIGNED BY BOTH PARTIES. ASSIGNMENT MAY BE MADE ONLY WITH WRITTEN CONSENT OF THE OTHER PARTY PLEASE RETURN A SIGNED COPY TO ESMITH@GAPVAX.COM PURCHASE S ACCEPTA E: THE FOREGOING QUOTE 23149 Rev 4 IS HEREBY AG�EPTED By Title. gq orI p Date V' I V 1 �O� ✓ GapVax Incorporated Terms and Conditions of Sale 1. ORDERS. All orders are subject to acceptance by an officer of GapVax Inc. Orders for products not regularly carried in stock or requiring special engineering or manufacture are in every case subject to approval by an officer of GapVax. 2. PERFORMANCE. GapVax Inc. shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control. 3. EXPERIMENTAL WORK. Work performed at customer's request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates. 4. SKETCHES, ENGINEERING DRAWINGS, MODELS and all preparatory work created or furnished by GapVax Inc. shall remain its exclusive property; and no use of same shall be made, nor may ideas obtained therefrom be used, except with the consent of and on terms acceptable to GapVax Inc. 5. CANCELLATION. Orders regularly entered cannot be canceled except upon terms that will compensate GapVax Inc. for any loss or damage sustained. 6. SHIPMENT. All proposals are based on continuous and uninterrupted delivery of the order upon completion unless specifications distinctly state otherwise. In the event that an agreement is reached for GapVax Inc. to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and GapVax Inc. shall be liable only for ordinary care of the property. 7. CUSTOMER'S PROPERTY. GapVax Inc. shall charge the customer at current rates, for handling and storing customer's property (e.g., truck chassis) held for more than thirty (30) days after notification of availability for shipment. All customer's property, or third party's property, that is stored by GapVax Inc. is at the customer's or other party's risk. GapVax is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any cause beyond its reasonable control. 8. PRICES. All orders are subject to current prices in effect at the time of order acknowledgment. Prices and Specifications are Subject to Change Without Notice. PRICING DISCLAIMER: While we make every effort to maintain and preserve pricing accuracy, prices are subject to change without notice. Although the information on this quotation is presented in good faith and believed to be correct at the time of printing, we make no representations or warranties as to the completeness or accuracy of this information. We reserve the right to change, delete, or otherwise modify the pricing information which is represented herein without any prior notice. We carefully check pricing specifications, but occasionally errors can occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from the reliance upon information from these materials. Please check your order to confirm your pricing information. 9. F.O.B. POINT. Unless otherwise stated, all prices listed are F.O.B. point of manufacture. 10. TAXES. Unless specifically stated, prices listed do not include Federal, State, City or other excise occupation, sales, use or similar taxes which are extra and are to be added at rates in effect at time of shipment. If federal Excise Taxes are included or listed on the reverse side of this paper, they are stated at the rates and regulations in effect at the time this order is written and are subject to revision in accordance with rates and regulations in effect at time of shipment. 11. PRODUCT IMPROVEMENT. GapVax Inc. reserves the right to change manufacturing specifications and procedures without incurring any responsibility for modifying previously shipped products. 12. MOUNTING PRICES. Mounting prices assumes normal factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, gas tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate. 13. WARRANTY. GapVax Inc. warrants its products to be free from defects in material and workmanship, subject to the limitations and conditions set forth in its current published warranty but makes no warranty of merchantability or fitness for any particular purpose. GapVax Inc. does not assume liability for any loss of product, time or any direct, indirect, or consequential damage, losses or delay or any nature whatsoever. No warranty, express or implied, is made or authorized to be made and no obligation is assumed or authorized to be assumed with respect to products of GapVax Inc. other than that set forth in the current, published warranty. It is to be understood that the acceptance this order is expressly conditioned upon your acceptance of GapVax Inc. standard written warranty for the products sold hereunder GapVax Inc. hereby disclaims any responsibility or liability for any consequential losses delays or downtime resulting from orders hereunder the use of its products. GapVax does not and will not warranty any tank coating or tank lining. PTO damage is not covered when the PTO protection system or low water shut down system is not selected / installed / and operational. GapVax does not and will not warranty any water system component(s) that show any sign or indication of ice or freeze damage. 14. This agreement shall be construed according to the laws of the State of Pennsylvania. Our failure at any time to exercise any right we may have under the agreement shall not constitute a waiver thereof nor prejudice our right to enforce same thereafter. 15. This order, including the above terms and conditions contains the complete and final agreement between the parties hereto and no other agreement in any way modifying any of said terms and conditions will be binding on us unless in writing and agreed to by authorized representative of this company.